DLJ Mortgage Capital, Inc. v. Windsor
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, for a judgment declaring that the plaintiff holds an equitable first mortgage on certain real property and to cancel a satisfaction of mortgage previously filed with respect to that property, the defendants Abraham J. Herzberg and Raize Herzberg appeal (1) from an order of the Supreme Court, Kings County (Balter, J.), dated July 17, 2009, which denied their motion for summary judgment, in effect, declaring that the plaintiff does not hold an equitable first mortgage on the subject real property and is not equitably subrogated to the rights of a prior mortgagee with…
2Cases cited12 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
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- Seidel v. 18 East 17th Street Owners, Inc.New York Court of Appeals · 1992
- Goldstein v. GoldAppellate Division of the Supreme Court of the State of New York · 1984
- LaSalle Bank National Ass'n v. AllyAppellate Division of the Supreme Court of the State of New York · 2007
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